Milan v. Hannah et al, No. 3:2020cv00363 - Document 14 (N.D. Tex. 2021)

Court Description: Order Accepting Findings and Recommendations and Denying Certificate of Appealability. The court certifies that any appeal of this action would not be taken in good faith. re: 10 Findings and Recommendations on Case re: 3 Complaint, filed by Kevin Lee Milan. (Ordered by Judge Sam A. Lindsay on 8/31/2021) (chmb)

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Milan v. Hannah et al Doc. 14 Case 3:20-cv-00363-L-BN Document 14 Filed 08/31/21 Page 1 of 2 PageID 72 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION KEVIN LEE MILAN, Plaintiff, v. DALE HANNA, et al., * Defendants. § § § § § § § § § Civil Action No. 3:20-CV-363-L-BN ORDER On August 5, 2021, The Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 10) was entered, recommending that the court dismiss without prejudice this action, as Plaintiff’s civil claims are subject to the rule announced in Heck v. Humphrey, 512 U.S. 477 (1994). No objections to the Report were received as of the date of this order, and the deadline for filing objections has expired. Having considered the pleadings, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, court dismisses without prejudice this action in accordance with Heck v. Humphrey, 512 U.S. 477 (1994). The court prospectively certifies that any appeal of this action by Plaintiff would not be taken in good faith. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3). In support of this certification, the court incorporates by reference the Report (Doc. 14). See Baugh v. Taylor, 117 F.3d 197, 202 and n.21 (5th Cir. 1997). Based on this Report, the court concludes that any appeal of this action by Plaintiff would present no legal point of arguable merit and would, therefore, be * Other named Defendants include Johnson County Sheriff’s Department; Kelsey Jackson; Somervell County Sheriff’s Office; Confidential Informant #CI-19-0010; STOP Task Force; Dick Turner; and Judge Bosworth. Order – Page 1 Dockets.Justia.com Case 3:20-cv-00363-L-BN Document 14 Filed 08/31/21 Page 2 of 2 PageID 73 frivolous. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). In the event of an appeal, Plaintiff may challenge this certification by filing a separate motion to proceed in forma pauperis on appeal with the clerk of the United States Court of Appeals for the Fifth Circuit. See Baugh, 117 F.3d at 202; Fed. R. App. P. 24(a)(5). It is so ordered this 31st day of August, 2021. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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